Prof. Dr. Sitaram Sahu v. Ranchi University, Ranchi, through its Vice-Chancellor/Registrar
2016-08-01
H.C.MISHRA
body2016
DigiLaw.ai
Order : Heard learned counsel for the petitioner, learned counsel for the Ranchi University, learned counsel for the J.P.S.C., as also learned counsel for the State. 2. The petitioner has filed this writ application claiming his promotion to the post of University Professor in the Ranchi University, under the provisions of ‘Statute for Time Bound Promotion of Lecturers to the Post of Readers and for Readers to the Post of University professors’, as approved by the Hon’ble Chancellor of the Universities, on 24.12.1986, which has been brought on record as Annexure-4 to the writ application. 3. The petitioner was initially appointed on the post of Lecturer in the Department of Commerce, in Marwari College, Ranchi, on 4.2.1975. Later the college became a constituent unit of the Ranchi University in the year 1978. The petitioner was promoted to the post of Reader under the 10 years time bound promotion scheme on provisional basis w.e.f. 4.12.1985, by the notification bearing Memo No. 2942 dated 18.8.1995, as contained in Annexure-5 to the writ application and the same was also confirmed by the notification issued by the Ranchi University on 17.10.1995. The petitioner was again given the promotion on provisional basis to the post of University Professor under the same scheme on completion of 16 years of his service with effect from 10.7.1998 by the notification issued by the Ranchi University vide memo No. 36414-3740 dated 8th April, 1990, as contained in Annexure-6 to the writ application. The case of the petitioner is that the petitioner however, was not given the monetary benefits of his promotion to the post of University Professor, for which, the petitioner had moved this Court in W.P.(S) No. 14 of 2005. The said writ application was disposed of by order dated 16.4.2009, as contained in Annexue-1 to the writ application, directing the petitioner to file a fresh representation raising his claims, which was directed to be disposed of by the respondent University within a period of four months from the date of receipt of the representation. Pursuant to the aforesaid order of this Court, ultimately a final decision was taken by the respondent University and a reasoned order was passed on 14.3.2013, which has been brought on record by way of supplementary affidavit, filed by the petitioner.
Pursuant to the aforesaid order of this Court, ultimately a final decision was taken by the respondent University and a reasoned order was passed on 14.3.2013, which has been brought on record by way of supplementary affidavit, filed by the petitioner. By the said order, which has been passed by the Registrar of Ranchi University on 14.3.2013, it was informed that the application for promotion of the petitioner to the post of University Professor was placed before the Screening Committee constituted by the University, on 1.7.1998, and the Screening Committee found him not eligible for promotion, and as such, the application of the petitioner had not been forwarded to the Bihar State Universities (Constituent Colleges) Service Commission, Patna. It appears that the copy of this order was not communicated to the petitioner. 4. It is submitted by learned counsel for the petitioner that in spite of provisional promotion given to the petitioner to the post of University Professor with effect from 10.7.1988, by the notification dated 8.4.1990, issued by the respondent Ranchi University, the salary of the University Professor was not paid to the petitioner and ultimately, the petitioner was made to superannuate from service on 31st of January, 2008, on attaining the age of retirement. Learned counsel has further submitted that the order dated 14.3.2014, which has been brought on record by way of supplementary affidavit, has inadvertently been not challenged, but the same is absolutely illegal, inasmuch as, no reason whatsoever has been mentioned as to why the petitioner was not found eligible for promotion by the Screening Committee. It is submitted that the petitioner is fully qualified for being promoted to the post of university Professor under the Statutes for time bound promotion scheme, brought on record as Annexure-4 to the writ application. Learned counsel accordingly, submitted that the impugned action of the respondent University is absolutely illegal and cannot be sustained in the eyes of law. 5. Learned counsel for the respondent Ranchi University, on the other hand has opposed the prayer and has pointed out from the Notification dated 8.4.1990, that the petitioner was only given the provisional promotion to the post of University Professor with effect from 10.7.1988, which was subject to the condition that if the University Service Commission did not concur for his promotion, the provisional promotion shall cease to be effective immediately.
It is further submitted by learned counsel for the Ranchi University that the matter of promotion of the petitioner was placed before the Screening Committee, which did not find the petitioner eligible for promotion and, accordingly, the matter of the petitioner was not sent for concurrence to the University Service Commission. Learned counsel has also submitted that pursuant to the order, passed by this court as contained in Annexure-1 to the writ application, the reasoned order has been passed by the Registrar of the Ranchi University on 14.3.2013, communicating that the petitioner’s case was not recommended as he was not found eligible for promotion to the post of University Professor by the Screening Committee. However, learned counsel for the University is not in a position to inform this Court any reason, as to why in spite of having due qualification and being provisionally promoted under the statute for time bound promotion, the petitioner was not found eligible for such promotion by the Screening Committee constituted by the University. In fact the order which is said to be the reasoned order, is conspicuously silent about the reason itself, and it cannot be said to be a reasoned order at all. 6. Having heard learned counsels for both the sides and upon going through the record, I find that the reasoned order dated 14.3.2013, passed by the Registrar, Ranchi University, which has been brought on record by way of supplementary affidavit, gives no reason whatsoever as to why the petitioner was not found eligible for promotion on the post of University Professor. The said order being conspicuously silent about the reason itself, cannot be sustained in the eyes of law, and even though the petitioner has not formally challenged the said order dated 14.3.2013 inadvertently, the same is hereby, quashed. 7. Consequently, until no contrary decision is taken by the competent Service Commission upon the claim of the petitioner, the notification bearing memo No. 3614-3740 dated 8th of April, 1990, issued by the respondent Ranchi University, as contained in Annexure-6 to the writ application shall remain effective and in force. The petitioner is held to be entitled to the salary of the University Professor in terms of the said notification.
The petitioner is held to be entitled to the salary of the University Professor in terms of the said notification. The Vice Chancellor and the Registrar of the Ranchi University are directed to complete the required formalities so that the salary of the University Professor is released to the petitioner positively within the period of three months from the date of communication/production of this order. 8. This application is accordingly, allowed with the directions as above. Application allowed.